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BYERS v. WOMACK

No. 15478.

367 F.2d 816 (1966)

Raymond C. BYERS and Richard B. Humphrey, Plaintiffs-Appellants, v. Guinevere WOMACK, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

October 21, 1966.

Attorney(s) appearing for the Case

William Andress, Jr., of Andress, Woodgate, Richards & Condos, Dallas, Tex., for plaintiffs-appellants. William W. Andress, Lafayette, Ind., of counsel.

John R. Lynch, A. Glen Armstrong, Robertson & Lynch, Lafayette, Ind., for defendant-appellee.

Before DUFFY, Senior Circuit Judge, and SWYGERT and FAIRCHILD, Circuit Judges.

PER CURIAM:

Will construction. An Indiana court ordered that the assets of a testamentary trust be turned over to defendant Guinevere Byers Womack. Plaintiff Raymond Byers was not a party to that proceeding. He and his assignee brought this action for partition, invoking the jurisdiction of the district court based on diversity, and claiming that Raymond was entitled to a one half interest under the will which created the trust. The district court gave judgment...

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